What is the Supplemental Register, and how does it differ from the Principal Register? Officially called the “Supplemental Register,” it is one of two United States federal trademark registers. On the other hand, the other register at the United States Patent and Trademark Office (USPTO) is the Principal Register. This article will compare each register, and explain the usefulness of each.

What is the Supplemental Register?

Supplemental Trademark Register
Two paths diverge in a forest, a bit like the Supplemental and Principal Trademark Registers.

Briefly, the Supplemental Register is merely one step below the Principal Register in protective quality. However, does that mean that this register is useless? No, not at all. In fact, while the Principal Register is the default register, that does not mean that the Supplemental Register is bad or useless.

Supplemental vs Principal Register Comparison Table

 The Principal RegisterThe Supplemental Register
Can I use the “®” for the mark after it registers?Yes.Yes.
Another entity cannot register a trademark that is similar in appearance, sound, or commercial impression.Yes.Yes.
Ability to bring a lawsuit in federal district court against a trademark infringer.Yes.Yes.
Is there trademark protection for “distinctive” trademarks? “Distinctive” means that a mark has acquired “secondary meaning” through advertisement or through a high number of sales to the public.Yes.No. It is only for marks that have not yet acquired “secondary meaning.”
Is there a presumption that the mark-holder is the exclusive owner?Yes.No.
Can the trademark holder petition the United States Customs and Border Patrol to stop the import of infringing trademarks?Yes.No.
Will an Intent-to-Use application suffice?Yes, however, the trademark owner will need to show proof of use at a later date.No, the trademark owner must later file an Amendment to Allege Use.
Is the trademark eligible for Section 15 incontestability at a later date?Yes, and this will make it more difficult for would-be infringers to take the mark.No, marks on the Supplemental Register are not eligible for incontestability.
Is the trademark published for opposition?Yes.No. This means that there is no period in which another entity may oppose your mark before the USPTO. See 15 U.S.C. §1063.
Is the trademark liable to cancellation?Yes.Yes. See 15 U.S.C. §1092.
Is the Registration Certificate any different?No. However, and it will say “Principal Register.”No. However, it will say “Supplemental Register.”
A table explaining the differences and commonalities between the Supplemental Register and the Principal Register.


Given the negatives, why would a trademark applicant file a trademark on the Supplemental Register? By default, applicants file on the Principal Register. However, the USPTO may request that the applicant amend to the Supplemental Register due to “descriptiveness” issues. As explained above, there are three distinct benefits to the Supplemental Register: (1) the applicant can still bring suit; (2) the USPTO will not register a confusingly similar marks; and (3) the applicant may use the ® after registration.

Moving a Trademark From the Supplemental to the Principal Register

What is the Supplemental Register? Think of the two registers as separate paths in a forest. Each leads to the same point.
What is the Supplemental Register? Think of the two registers as separate paths in a forest. Each leads to the same point.

As explained above, after an application is on the Supplemental Register for five years, the applicant may move the trademark from the Supplemental to Principal Register. This does not mean that the same application moves from one register to another. Instead, the applicant must file a new application for the Principal Register.

Related: Have a U.S.-licensed trademark attorney file your trademark application.

The USPTO Advised Me to “Amend to the Supplemental Register”

Generally, a trademark that is on the Supplemental Register is ineligible for more protective Principal Register under federal law. As such, if the USPTO determines that a trademark is ineligible for the Principal Register during examination, the USPTO issues an Office Action informing the Applicant. The most common reason a trademark is given an “Advisory to the Supplemental Register” is because it is: (1) descriptive; or (2) primarily a surname. These are two statutory reasons why the USPTO cannot list the trademark on the Principal Register.

Often, clients will come to me after receiving a Section 2(e)(1) – Merely Descriptive refusal. If the refusal is not generic, the USPTO will provide what is known as an “advisory” telling the applicant to “amend” their application. In plain English, this means that the USPTO is giving the applicant the option of moving to Supplemental Register in exchange for moving forward to trademark registration. Generally, if it is clear that a name is without question descriptive, it is best simply to accept the Examining Attorney’s recommendation. If, however, there is a close call, it may be worth fighting. Thankfully, amending to the Supplemental Register is straightforward, and requires accessing TEAS to select the option.

Related: Have an experienced trademark attorney handle your Office Action response.

Examples of Marks that Will Receive an Amendment

For trademark help contact Syed Law.
For trademark help contact Syed Law.

Below are examples of trademarks that are unlikely to reach the higher Principal Register:

Related: If you want a stronger trademark, read What are Trademarks and What Do They Protect? [2021], particularly the section on “Types of Trademarks, Definitions, and Examples Chart.”

Can I Use the ™, SM or ® symbol with a Supplemental Register?

Yes, you can absolutely use a ™ or SM symbol with a trademark on the Supplemental Register. However, you may only use the ® (a.k.a. the “registered symbol”) after you receive a Registration Certificate. If you amend a trademark to the Supplemental Register, then your Registration Certificate shall reflect that change.

Contact Syed Law with your questions about Supplemental Registration.